H1B Transfer denied

[henry]

I resigned from company A on 8/27 and joined company B who filed H1b transfer in premium processing. I started working at company B from 08/28 as soon as I got the receipt notice from USCIS. Later I got a RFE asking for client information, so my employer sent the pay stubs from company B and few more other documents.

But on 11/13, USCIS website is showing the status as denied. My attorney is yet to receive documentation about why it was denied and based on that they are planning to file an appeal.

My H1B approval and I-94 from company A is valid till 2016. Visa stamp in passport is also valid till 2016. But I am not sure whether company A has revoked the existing H1B or not?

 

What are my options now?

1. Can I stay in US while the appeal is in process?

2. Whether I am out of status now and need to leave the country asap or will get some time to leave?

3. Can any other company will file the H1B transfer now irrespective of that my existing H1B is still valid or got revoked? 

4. is there any way I can check the whether my existing h1b from company A gets revoked or not?

 

Any help and insight into this would be great as I have no idea what to do next.

 

[jairichi]

1. Nope. You have to leave US.

2. Yes, you need to leave asap.

3. They can file but it does not give you the right to stay and even if approved it will be approved without I94.

4. By law an employer has to revoke H1B petition once you leave them. Check USCIS status webpage using your H1B petition number.

[rahul412]

 

 Later I got a RFE asking for client information, so my employer sent the pay stubs from company B and few more other documents.

Is there any relation between your paystubs and client information?

Technically, you are out of status and H1 revocation doesn't matter here. Either you have to leave US or find another employer ASAP. This time find a full time employer not a consulting firm. MTR doesn't provide any legal status for you.

[henry]

Is there any possibility that I can re-join my old employer. Whether it is legal?

[JoeF]

Is there any possibility that I can re-join my old employer. Whether it is legal?

 

The old employer would have to file a new H1, and of course pay for it.

[jairichi]

Is there any possibility that I can re-join my old employer. Whether it is legal?

Your old employer should have revoked your H1B petition by now. If not then you can.

[rahul412]

Is there any possibility that I can re-join my old employer. Whether it is legal?

Yes, you can.

[henry]

My existing H1b is still valid and I already approached to my previous employer to re-join them. It willtake few days to complete the formality to re-join. But I want to know whether my stay is legal in USA by that time, as my current employer is saying that they have not received the denial notice yet. However, it got denied on November 13, 2014 as per the online status in USCIS website.

[rahul412]

My existing H1b is still valid and I already approached to my previous employer to re-join them. It willtake few days to complete the formality to re-join. But I want to know whether my stay is legal in USA by that time, as my current employer is saying that they have not received the denial notice yet. However, it got denied on November 13, 2014 as per the online status in USCIS website.

Looks like currently you are out of status.

[jairichi]

My existing H1b is still valid and I already approached to my previous employer to re-join them. It willtake few days to complete the formality to re-join. But I want to know whether my stay is legal in USA by that time, as my current employer is saying that they have not received the denial notice yet. However, it got denied on November 13, 2014 as per the online status in USCIS website.

Just exit and enter with a valid H1B visa and I797 from old employer (as long as it is not revoked).